DocDraft Logo

Arkansas Motion to Dismiss

In Arkansas you move to dismiss under Ark. R. Civ. P. 12(b) within the 30-day answer window in Circuit Court.

Introduction

Arkansas is a fact-pleading state, and that shapes the pre-answer motion to dismiss. Under Ark. R. Civ. P. 8(a) a complaint must state facts, not the bare notice the federal rules allow, so the merits ground in Ark. R. Civ. P. 12(b) is phrased as failure to state FACTS upon which relief can be granted, a higher bar than the federal failure to state a claim. At the pleader's option, eight enumerated defenses may be raised by written motion instead of in the answer: subject-matter jurisdiction, personal jurisdiction, improper venue, insufficiency of process, insufficiency of service, failure to state facts upon which relief can be granted, failure to join a party under Rule 19, and pendency of another action between the same parties arising out of the same transaction or occurrence. The last two go beyond the seven federal defenses. The motion shares the answer window: a defendant files within 30 calendar days after service of the summons and complaint under Ark. R. Civ. P. 12(a)(1), made before the answer in its place. Filing it postpones the answer obligation; confirm the post-ruling response window with the court. Rule 7(b) layers a supporting brief on top of the motion. You file in the unified Circuit Court, and missing the 30-day window risks a default. DocDraft drafts an Arkansas-formatted motion to dismiss from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    Arkansas's pre-answer challenge to a complaint is a motion to dismiss under Ark. R. Civ. P. 12(b). Because Arkansas is a fact-pleading state under Ark. R. Civ. P. 8(a), the merits ground is phrased as failure to state FACTS upon which relief can be granted, not the federal failure to state a claim. Every defense must be asserted in the responsive pleading, except that the listed defenses may, at the pleader's option, be made by motion.

  2. 2

    Rule 12(b) lists eight enumerated grounds, two more than the seven federal defenses: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state facts upon which relief can be granted, (7) failure to join a party under Rule 19, and (8) pendency of another action between the same parties arising out of the same transaction or occurrence. Grounds (7) and (8) are the Arkansas additions.

  3. 3

    The motion shares the answer window: a defendant files within 30 calendar days after service of the summons and complaint under Ark. R. Civ. P. 12(a)(1). The 30-day window applies to both resident and nonresident defendants under the current rule, and because 30 days exceeds the short-period threshold the count is calendar, with no weekend or holiday exclusion.

  4. 4

    Filing the Rule 12 motion before answering postpones the answer obligation while the motion is pending. The statewide rule does not fix a single post-ruling response figure in the source, so a defendant should confirm the response window after the court rules with the Circuit Court.

  5. 5

    A supporting brief is required by rule. Ark. R. Civ. P. 7(b)(1) requires the written motion to state its grounds with particularity and set forth the relief sought, and Rule 7(b)(2) requires the motion to include a brief supporting statement of the factual and legal basis and the citations relied upon. No statewide page limit is set in Rule 7, so confirm any local circuit page limit.

  6. 6

    The most common ground is failure to state facts upon which relief can be granted, subsection 12(b)(6). Arkansas's fact-pleading standard under Rule 8(a) makes this a higher bar than federal notice pleading, because the complaint must plead facts rather than a bare claim for the case to survive.

  7. 7

    You file in the Circuit Court, with the clerk of the Circuit Court. Arkansas has a unified Circuit Court of general jurisdiction, and a general civil complaint with its Rule 12(b) motion to dismiss is filed there. District Court handles limited civil matters up to $25,000, but the Rule 12(b) vehicle described here governs Circuit Court actions.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

STATE OF ARKANSAS

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS [___] DIVISION No. [CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

MOTION TO DISMISS

[Ark. R. Civ. P. 12(b)]

NOW COMES Defendant [DEFENDANT NAME], appearing [by counsel / pro se], and pursuant to Rule 12(b) of the Arkansas Rules of Civil Procedure, moves the Court to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME]. This motion is made before and in place of an answer. Under Ark. R. Civ. P. 7(b)(1), this motion is in writing, states with particularity the grounds set forth below, and sets forth the relief sought.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss the Complaint, and each claim for relief therein, on the following ground(s) under Ark. R. Civ. P. 12(b):

  1. Failure to state facts upon which relief can be granted. (Ark. R. Civ. P. 12(b)(6).)

[Add any additional applicable grounds from Rule 12(b): (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (7) failure to join a party under Rule 19; (8) pendency of another action between the same parties arising out of the same transaction or occurrence.]

BRIEF IN SUPPORT

[Ark. R. Civ. P. 7(b)(2) requires a brief supporting statement of the factual and legal basis for the motion and the citations relied upon.]

I. INTRODUCTION Arkansas is a fact-pleading state. Under Ark. R. Civ. P. 8(a) a complaint must state facts upon which relief can be granted, not the bare notice the federal rules permit. On a Rule 12(b)(6) motion, the Court asks whether the Complaint pleads facts upon which relief can be granted, treating the well-pleaded facts as true.

II. STATEMENT OF FACTS [Summarize the allegations of the Complaint as relevant to the grounds raised.]

III. ARGUMENT AND AUTHORITIES [State the legal basis for each ground. Argue why the Complaint fails to state facts upon which relief can be granted under Arkansas's fact-pleading standard, and/or why any other Rule 12(b) ground applies. Include the citations relied upon as required by Rule 7(b)(2).]

IV. CONCLUSION For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion to Dismiss.

WHEREFORE, Defendant respectfully prays that the Court:

  1. Dismiss the Complaint, and each claim for relief therein;
  2. Grant such other and further relief as the Court deems just and proper.

DATED this [DAY] day of [MONTH], [YEAR].

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Ark. Bar No., if applicable] [Address] [Telephone] [Email] Attorney for Defendant / Defendant, pro se

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing MOTION TO DISMISS on the party or parties listed below by [method of service] on the date set forth below.

[PLAINTIFF / PLAINTIFF'S COUNSEL NAME AND ADDRESS]

DATED this [DAY] day of [MONTH], [YEAR].

[NAME OF PERSON SERVING]

[No statewide Arkansas Rule of Civil Procedure requires a proposed order to accompany a Rule 12(b) motion to dismiss. Proposed-order practice, where it exists, is set by individual circuit local court rules. Rule 7 sets no statewide page limit, so confirm any page limit and any local conference requirement in the local rules of your Circuit Court.]

Arkansas Requirements for Motion to Dismiss

Answer or move within 30 days of service

A defendant files within 30 calendar days after service of the summons and complaint, under Ark. R. Civ. P. 12(a)(1). The 30-day window applies to both resident and nonresident defendants, and the count is calendar with no weekend or holiday exclusion. A Rule 12 motion is made before the answer in its place.

Confirm the response window after the court rules

Filing the Rule 12 motion before answering postpones the answer obligation while the motion is pending under Ark. R. Civ. P. 12. The statewide source does not fix a single post-ruling response figure, so confirm the response window after the court's ruling with the Circuit Court.

Identify the grounds under Rule 12(b)

Select grounds from the eight enumerated in Ark. R. Civ. P. 12(b): (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state facts upon which relief can be granted, (7) failure to join a party under Rule 19, and (8) pendency of another action between the same parties arising out of the same transaction or occurrence. Grounds (7) and (8) go beyond the seven federal defenses.

Raise failure to state facts under Rule 12(b)(6)

The merits ground is subsection 12(b)(6), failure to state facts upon which relief can be granted. Arkansas is a fact-pleading state under Ark. R. Civ. P. 8(a), so the complaint must plead facts, not the bare notice the federal rules allow, making this a higher bar than the federal failure-to-state-a-claim standard.

Put the motion in writing and include a supporting brief

Under Ark. R. Civ. P. 7(b)(1) the motion must be in writing, state with particularity the grounds, and set forth the relief sought. Rule 7(b)(2) requires the motion to include a brief supporting statement of the factual and legal basis and the citations relied upon. A supporting brief is required by rule.

Confirm any local page-limit, conference, and proposed-order practice

Rule 7 sets no statewide page limit, and Arkansas imposes no statewide meet-and-confer precondition for a Rule 12(b) motion. Page limits, any pre-filing conference requirement, and any proposed-order practice are set by individual circuit local court rules, so confirm the local rules of your Circuit Court before filing.

File in the unified Circuit Court

File with the clerk of the Circuit Court. Arkansas has a unified Circuit Court of general jurisdiction where a general civil complaint and its Rule 12(b) motion to dismiss are filed. District Court handles limited civil matters up to $25,000, but the Rule 12(b) vehicle described here governs Circuit Court actions.

Serve the motion and follow Rule 10 caption format

Serve the motion to dismiss on the plaintiff or plaintiff's counsel. Pleadings and motions are filed on standard format per Administrative Order and the Ark. R. Civ. P. 10 caption requirements. No statewide rule requires a proposed order to accompany a Rule 12(b) motion, so confirm any proposed-order practice in your circuit's local rules.

Frequently Asked Questions

In Arkansas you file a motion to dismiss under Ark. R. Civ. P. 12(b). The motion is made before the answer and raises one or more of eight enumerated defenses at the pleader's option instead of asserting them in the answer. Under Rule 7(b) the motion must be in writing, state its grounds with particularity, set forth the relief sought, and include a brief supporting statement. You file it with the clerk of the Circuit Court.

A defendant files within 30 calendar days after service of the summons and complaint, under Ark. R. Civ. P. 12(a)(1). The 30-day window applies to both resident and nonresident defendants, and the count is calendar with no weekend or holiday exclusion. A Rule 12 motion is made before the answer in its place and postpones the answer obligation while it is pending.

Filed in Arkansas Circuit Court, a motion under Ark. R. Civ. P. 12(b) may raise defects in whether the suit is properly before the court: subject-matter or personal jurisdiction, venue, and the sufficiency of process or its service. The merits ground is failure to state facts upon which relief can be granted, the 12(b)(6) analog reflecting Arkansas's fact-pleading standard. The rule also reaches failure to join a party under Rule 19 and pendency of another action between the same parties.

Arkansas's Rules of Civil Procedure do not impose a statewide meet-and-confer requirement as a precondition to filing a Rule 12(b) motion to dismiss. Neither Rule 12 nor Rule 7 imposes a pre-filing conferral obligation. Individual circuit local rules may add a conference requirement, so confirm the local rules of your Circuit Court before filing.

Filing a Rule 12 motion before answering postpones the answer obligation while the motion is pending under Ark. R. Civ. P. 12. After the court rules on the motion, a defendant generally must serve a responsive pleading. The statewide source does not fix a single post-ruling response figure, so confirm the response window after the court's ruling with the Circuit Court.

You file with the clerk of the Circuit Court. Arkansas has a unified Circuit Court of general jurisdiction, where a general civil complaint and its Rule 12(b) motion to dismiss are filed. District Court handles limited civil matters up to $25,000, but the Rule 12(b) vehicle described here governs Circuit Court actions.